Update: Private Property Rights. Water. EPA Rules Halted.

Today a federal judge blocked implementation of EPA rules which would have required mapping of small waterways on private land. The case will proceed; however, the rules have been temporarily blocked.

US News & World Report

July 9, 2015, Information Intelligence:

27 states and state agencies, as well as 14 agriculture-oriented organizations, have filed lawsuits across teh country to block the EPA water mapping project. 

The EPA is seeking to map water flows, including mapping of low…

Bretibart Goes to bat for California Farmers

California Gov. Brown is proposing to take land via eminent doamin from 300 farmers so some river deltas can be reworked to bring more water to populated areas.

Breitbart engaged a water and land use lawyer with the Pacific Legal Foundation, who said 3 important things:, 

  • No oversight in eminent domain projects:“..the use of eminent domain does not allow for a proper system of “checks and balances,” even for controversial state infrastructure projects.”
  • California can start work…

Water Tunnels. Eminent Domain Meets Drought.

California’s Governor Jerry Brown has proposed water tunnels to move water around California.  California farmers have water and the cities need it.

To accomplish this great water migration, California is proposing to use eminent domain against 300 farms to build the 30-mile-long tunnels that will reshape the delta formed by the San Joaquin and Sacramento rivers.

Landowners are facing a 30 day window to either accept or reject 1, single, offer from the state according to…

State Agriculture Department Arms Farmers to Defend Against Eminent Domain from Pipelines & Transmission Lines.

New Jersey has the State Farmland Preservation Project. Farms that are active in the project are armed with information including:

  • that there is no eminent domain authority for electric utility and intrastate natural gas pipeline projects.
    • A “utility company cannot cross a preserved farm. “
  • public use projects that do qualify for eminent domain authority have to follow very specific compensation guidelines and that the project can approve or deny negotiations with a landowner.

NJ…

Private Property Rights. Water. The EPA. Texas takes them all to Court with help from a lot of friends.

27 states and state agencies, as well as 14 agriculture-oriented organizations, have filed lawsuits across teh country to block the EPA water mapping project. 

The EPA is seeking to map water flows, including mapping of low flow waterways on private property.

Louisiana, Mississippi and Texas filed suit in U.S. District Court in Galveston, Texas. Joining the suit in Galveston are: American Farm Bureau Federation, American Petroleum Institute, American Road and Transportation Builders…

Trend: Organized Protesting Eminent Domain Against Private Company

The  Iowa Citizens for Community Improvement joined a coalition called, Bakken Pipeline Resistance Coalition. It sounds like Occupy movement, which recently started promoting anti-eminetn domain causes, like this.

But, Iowa Citizens for Community Improvement is led by a 67 year old, retired former Department of Natural Resources official. 

The whole shebang is encouraging more private negotiations. Iowa posts online negotiated easements, and the company cites 60% of the land being…

Private Property Rights: Drone Use by Dallas Cowboys

Legislating & regulating the use of drones is a delicate dance between privacy advocates, property rights advocates, and figuring out who owns air space.

Here are the most basic rules:

  • A private person can operate a drone, in compliance with all other laws, without FAA approval.
  • Beginning September 2014, a commerical enterprise, like the Cowboys, has to apply for a waiver from the FAA to operate a drone.

Dallas Morning News

Inverse Condemnation Requires Causation. Especially, if Whooping Cranes & River Authorities are involved.

The US Supreme Court let stand a 5th Circuit ruling in favor of TCEQ. Guadalupe Blanco River Authority had sued saying a TCEQ action caused the death of a bunch of whooping cranes. 

GBRA was trying to show a regulatory taking of property, which means something of value had to be taken (whooping cranes) and it was the fault of the government (TCEQ). 

In this case, not so much proof of a regulatory taking according to the courts. A win for TCEQ. A loss for lovers of whooping cranes.

…